- 1 - HC-KAR NC: 2025:KHC-D:13177 WP No. 107110 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107110 OF 2025 (GM-CPC) BETWEEN: ABHISHEK S/O NAYAN SHAH AGE. 42 YEARS, OCC. DIRECTOR, SHAH INFRA PVT LTD, R/O. 25/26, PRIYADARSHINI BUILDING, 2ND FLOOR, BUDHWAR PETH, PUNE-411002 …PETITIONER (BY SRI. PRASHANT F GOUDAR,ADVOCATE) AND: 1. 2. 3. THE MANAGING TRUSTEE COMMISSION ON ECUMENICAL MISSION AND RELATIONS OF THE PRESBYTERIAN CHURCH (U. S. A) (COEMAR) RT. REV. PREM MESSIAH BY GPA HOLDER FOR PROPERTY ADMINISTRATION REV. SHRINIVAS S. CHOPADE, AGE. 36 YRS, R/O. PLOT NO. 18, MANTRI COLONY, ISLAMPUR, TQ. WALVA, DIST. SANGLI-415409 COMMISSION ON ECUMENICAL MISSION AND RELATIONS OF THE PRESBYTERIAN CHURCH (U.S.A) (COEMAR) BY ITS TRUSTEE RT. REV. B.R. TIVADE, AGE: 65 YEARS BISHOP OF KOLHAPUR (RETD), BISHOP’S HOUSE, E.P. SCHOOL COMPOUND, NAGALA PARK, KOLHAPUR-416003. SHRI UMESH Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13177 WP No. 107110 of 2025 4. 5. 6. 7. S/O BAPU HEGADE, AGE: 45 YEARS, OCC: AGRICULTURE, R/O MISSION COMPOUND, OLD P.B. ROAD, NIPANI-591237 KOLHAPUR CHURCH COUNCIL, REP BY RE SANJAY JAYAKAR, KOLHAPUR CHURCH COUNCIL HOUSE, E.P. SCHOOL COMPOUND, NAGALA PARK, KOLHAPUR-416003 UNITED CHURCH OF NORTHERN INDIA TRUST ASSOCIATION, REGD OFFICE OMEGA, 19 AUGUST KRANTI MARG, MUMBAI-400007, REP BY ITS PRESIDENT, SHRI YOUHAN GULAB EMANUEL @ KAMBLE R/O AKOL ROAD, NIPANI-591237. MR. STEPHEN SINGH, AGED ABOUT 52 YEARS EXECUTIVE SECRETARY, UNITED CHURCH OF NORTHERN INDIA TRUST ASSOCIATION, REGD. OFFICE OMEGA, 19 AUGUST KRANTI MARG, MUMBAI-400007 SHRI YOUHAN GULAB EMANUEL @KAMBLE AGED ABOUT 42 YEARS R/O AKOL ROAD, NIPANI-591237. …RESPONDENTS (NOTICE TO RESPONDENTS IS D/W) THIS WRIT PETITIN IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 10.09.2025 PASSED ON I.A.NO.15 IN O.S.NO.54/2022 BY THE SENIOR CIVIL JUDGE AND JMFC, NIPANI VIDE ANNEXURE-A AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:13177 WP No. 107110 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Notice to respondents is dispensed with in view of the order proposed to be passed. 2. The Petitioner is before this Court seeking for the following reliefs: a. Issue a writ of certiorari quashing the impugned order dated 10.09.2025 passed on I.A.No.15 on O.S.No.54/2022 by the Senior Civil Judge & JMFC, Nipani vide Annexure-A. b. Issue a writ of mandamus directing the Trial Court to first hear and decide I.A.No.12 & 13 filed by the petitioner before considering any other application or proceeding with trial. c. Grant such other relief as deemed fit in the circumstances of the case. 3. The grievance of the petitioner is that the application filed by the petitioner under Rule 11 of Order 7 for rejection of the plaint was kept in abeyance, while considering application under Rule 17 of Order 6 of the Code of Civil Procedure for amendment filed by the plaintiff. - 4 - HC-KAR NC: 2025:KHC-D:13177 WP No. 107110 of 2025 4. The submission of Sri.Prashant.F.Goudar., learned counsel for the petitioner is that if the application under Rule 11 of Order 7 of the CPC had been considered, the plaint itself could have been rejected and there was no need to consider the application in Rule 17 of Order 7. 5. I am unable to accept the said submission to be a ground to challenge the order dated 10.09.2025 passed on IA 15 under Rules 17 of Order 6 of the CPC. 6. There being no independent ground to challenge the said order, the petition stands dismissed. Directing the trial Court to consider the application under Rule 11 of Order 7 as expeditiously as possible. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 42